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Originally Posted by progunr

Amen!

Sometimes doing the right thing, when someone else is doing such a wrong thing, is just out of the question.

Yep, I'd be in trouble on this one.

Several things come to mind, if my son were to behave this way, and none of them have anything to do with ME calling the police.

Baseball Bat, Bull Whip, A Buford Pusser Walking Tall Stick, maybe even a 2 X 4 with a couple of rusty nails in it.

If he picked up one piece of my property, and started to walk out MY door with it, I think you get the idea.

But, just so no one gives me a "reddie" on this answer, DO NOT FOLLOW MY EXAMPLE, IT WILL GET YOU INTO TROUBLE AND MAY CAUSE THINGS TO BE WORSE THAN THEY ARE NOW, IF THAT IS EVEN POSSIBLE.

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How about - if you don't want red - if I give you pink because I think a landlord/tenant action with no one going to jail could turn into an assault charge - if not pink, perhaps light pink - ? :D :D

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Originally Posted by froggy7

If they are taking your items out of your house, can't you call the police and file theft charges on them? That would be perfectly legal, in my book. And get them out of your hair if they are sitting in jail waiting for court.

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You'd think this is the way it would work. Unfortunately, once police realize they're being called in to a landlord/tenant dispute of any kind they typically won't do anything. They'll say it's a civil matter. If things turned violent they may do more, but if a "tenant" is moving out, the police will generally not take reports of theft at that time. The "landlord" has to go after the "tenant" for monetary damages after the fact.

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Originally Posted by JudyKayTee

How about - if you don't want red - if I give you pink because I think a landlord/tenant action with no one going to jail could turn into an assault charge - if not pink, perhaps light pink - ? :D :D

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No.

Not even light pink.

My disclosure should eliminate the need for any shade of red... or pink! LOL

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Originally Posted by progunr

No.

Not even light pink.

My disclosure should eliminate the need for any shade of red......or pink! LOL

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OK, you've got me there on the disclosure part.

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Originally Posted by JudyKayTee

Well, that's pretty horrifying - what State? I am not even aware of an instance where the Police will get involved in landlord/tenant problems.

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Indiana. I have the paperwork to prove it. The police didn't really get involved they were called by a neighbor and thought it was a breaking and entering thing. When they showed up I told them who I was and what was going on. They called my landlord to verify and my landlord told them she was refusing my entrance into the house until we went to court. The police said they couldn't let me in and that she had agreed to allow me to come get my stuff that following weds. Other than that they said it was a civil matter. :rolleyes:

Yeah a lot of police are chalking up things to a civil/domestic matter and not getting involved unless there is some really serious issue.

Have lawyer appt Thursday I will start eviction they say it takes 1 month they are really trashing the yard. Turned off pool its green and stagnant she is also harassing us and our guests cops said cival matter quess there's nothing I can do but suffer.

1) As noted, once a person has established tenancy, they HAVE to be formally evicted. This also means you can't change the locks or put out their belongings since that constitutes an illegal eviction.

2) If you feel you or your property are in danger, you can apply for a restraining order. If you see them taking out your property, call the police!

3) The police are not the best people to ask questions about the law from. Police will rarely get involved in a domestic dispute unless there is volence involved.

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Originally Posted by ScottGem

3) The police are not the best people to ask questions about the law from. Police will rarely get involved in a domestic dispute unless there is volence involved.

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Wow. That's really sad. But you know what is even worse, if they show up and you cuss them out you'll wake up in a jail cell with a black eye, bloody lip and a disorderly conduct charge. But if people are being rude to you and cursing at you and destroying your property they tell you that you can't defend yourself or you'll go to jail and to just take them to court.

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Originally Posted by achampio21

Indiana. I have the paperwork to prove it. The police didn't really get involved they were called by a neighbor and thought it was a breaking and entering thing. When they showed up I told them who i was and what was going on. They called my landlord to verify and my landlord told them she was refusing my entrance into the house until we went to court. The police said they couldn't let me in and that she had agreed to allow me to come get my stuff that following weds. Other than that they said it was a civil matter. :rolleyes:

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Note the section I bolded. That's what makes it make sense. Basically, as soon as the police heard there is pending litigation, they backed off and refused to do anything more. That's going to happen 90% of the time.

But that's not the end of the story. You have EVERY right to counter sue the landlord for illegal eviction, unlawful detainer, compensation for your extra expense while you were illegally locked out of your residence and more. And I think you would win.

Yeah, I went to court and I won and she ate damages. But I didn't want to put that on this thread because it kind of was a weird situation and didn't want to switch focus to my problem instead of OP's. I just knew that she was "legally" allowed to refuse me into the house, (judge said that was OK. But she had to give me my rent back for that month and the 2 months after I had paid in advance) so I thought it may help OP :D

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Originally Posted by achampio21

Yeah, I went to court and I won and she ate damages. But I didn't want to put that on this thread because it kind of was a weird situation and didn't want to switch focus to my problem instead of OP's. I just knew that she was "legally" allowed to refuse me into the house, (judge said that was ok. But she had to give me my rent back for that month and the 2 months after I had paid in advance) so I thought it may help OP :D

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In my mind she wasn't legally allowed to do anything. She violated the law and paid damages for it. By filing suit she forced the cops to back off, but ulitmately she paid the price. And that's important to the OP, because if she illegaly locks out her son, she could pay the price too. It might be worth it to pay that price to protect herself and the property, though.

Well, the judge said she could refuse me entrance because the house was damaged and rendered unsafe. If she had allowed me into the premises and I had gotten hurt she would be liable. Therefore, she could keep me out of the house but could not keep me from my belongings. If the OP's "tennants" are destroying the property she could say the same thing. That she changed the locks to keep them out utnil the house was inspected and proven fit for entrance again. I don't know. I'm reaching for anything to help the OP. The sooner they get out and the OP can get rid of them the better. ANd I wouldn't put too much credit into protective orders. In my experience they only enforce them if the person breaks the order by threatening you or harming you and you have to be able to PROVE it. But if you take matters into your own hands after relying on the law to keep you safe and they let you down, then you go to jail and they tell you aren't allowed to do that. It's stupid. Just make sure you take millions of pictures, tape record EVERYTHING, set up camera's if you can to video tape them, and pray you have a good judge that day. And be prepared to pay A LOT of money. My lawyer likes to tell me "Prepare for and expect the worst, hope for the best."

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Originally Posted by achampio21

Well, the judge said she could refuse me entrance due to the fact that the house was damaged and rendered unsafe. If she had allowed me into the premises and I had gotten hurt she would be liable. Therefore, she could keep me out of the house but could not keep me from my belongings. If the OP's "tennants" are destroying the property she could say the same thing. That she changed the locks to keep them out utnil the house was inspected and proven fit for entrance again.

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Good points. That certainly sounds likle a reasonable tactic. But she will need to offer proof for it.

Baincristina,

I removed your posts in another thread. Its not a good idea to piggyback your question on someone else's. This can lead to confusion. Since you already had this thread and have gotten good advice, please stick to this thread for this issue.

Sorry did not mean harm just thought me and that other person had kind of the same problem again sorry

Not a problem, just letting you know.

Original Poster, Do you have any update? Have you started eviction process?

Just curious.

Lawyer appt at 3 today. She is now allowing 8 teenagers in apt, still throwing trash in yard. Its terrible but at least today we will know our rights. We are sure it will get worse before it gets better. Thanks for caring

And today they took shovel and broke pool.water running everywhere police said they paid for pool its OK. Then they took my table umbrella they gave me. Lawyer told me to get restraing order! What will be next. Lawyer said its not landlord tenant as he's my son and grew up here its domestic court.